1. The present appeal arises out of Judgment of the learned Sessions Judge, Jodhpur in Sessions case No. 122/95 whereby the accused-appellant has been convicted under Sections 302 and 498-A, I.P.C. and was sentenced to imprisonment for life under Section 302, I.P.C. and one year’s rigorous imprisonment under Section 498-A, I.P.C. along with fine of Rs. 1000/-.

2. Being aggrieved by such conviction and sentence, the present appeal has been filed by the appellant.

3. Theprosecution started with the recording of Ex. P. 1 statement of the deceased Smt. Suraj by Pooran Singh; S.H.O., Police Station, Pratap Nagar, Jodhpur. This statement was recorded by Pooran Singh at 10

A.M. whileSmt. Suraj was undergoing treatment in the Burn Unit of Mahatma Gandhi Hospital, Jodhpur. According to this statement Smt. Suraj had stated before the S.H.O., Police Station, Pratap Nagar, Jodhpur that she is educated up to 8th Class. While she was in the house sitting near the Paniara, her husband poured kerosene on her and lit the match stick. Her mother-in-law and father-in-law are not involved. Her husband has illicit relations with one Pinky. This is the bone of contention in between them. On thi